BILL NUMBER: SB 2144	CHAPTERED  09/11/00

	CHAPTER   394
	FILED WITH SECRETARY OF STATE   SEPTEMBER 11, 2000
	APPROVED BY GOVERNOR   SEPTEMBER 8, 2000
	PASSED THE SENATE   AUGUST 25, 2000
	PASSED THE ASSEMBLY   JULY 6, 2000
	AMENDED IN ASSEMBLY   JUNE 12, 2000
	AMENDED IN SENATE   APRIL 24, 2000

INTRODUCED BY   Senator Perata

                        FEBRUARY 25, 2000

   An act to amend Sections 1126, 1180.3, and 1181 of the Harbors and
Navigation Code, relating to bay pilots.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 2144, Perata.  Bay pilots.
   (1) Existing law provides for the licensing of bay pilots for San
Francisco, San Pablo, and Suisun Bays.  Existing law provides that
any person who does not hold a license as a pilot or as an inland
pilot, and who pilots any vessel into or out of any harbor or part of
the Bays of San Francisco, San Pablo, or Suisun, or who acts as a
pilot for ship movements or special operations upon these bays, is
guilty of a misdemeanor.  Existing law exempts from this prohibition,
among others, persons piloting vessels when a pilot is not
available, is unable to reach the vessel, or is prevented from
joining or refuses to join the vessel.
   This bill would delete these exemptions, and instead provide for
an exemption from these provisions for persons piloting vessels when
a state-licensed pilot refuses to join the vessel.  By changing the
scope of the misdemeanor, the bill would create a state-mandated
local program.
   (2) Existing law requires the Board of Pilot Commissioners for the
Bays of San Francisco, San Pablo, and Suisun to establish an
incident review committee to review all reports of misconduct or
navigational incidents involving pilots or inland pilots or other
matters for which a license issued by the board may be revoked or
suspended.  Existing law also provides for the appointment of port
agents to carry out the orders of the board, other applicable laws,
and otherwise administer the affairs of the pilots.
   This bill would  provide that this provision does not apply to an
incident involving a pilot or inland pilot aboard a vessel of less
than 300 gross tons unless a pilot or inland pilot is required by
law.
   (3) Existing law authorizes the revocation or suspension of the
license of a pilot or inland pilot only for reasons of misconduct,
including negligently, ignorantly, or willfully running any vessel on
shore, or otherwise rendering it liable to damage, or otherwise
causing injury to persons or damage to property.
   This bill would provide that this provision does not apply to a
vessel of less than 300 gross tons unless a pilot or inland pilot is
required by law.
  (4) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state.  Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 1126 of the Harbors and Navigation Code is
amended to read:
   1126.  (a) Every person who does not hold a license as a pilot or
as an inland pilot issued pursuant to this division, and who pilots
any vessel into or out of any harbor or port of the Bay of San
Francisco, San Pablo, or Suisun, or who acts as a pilot for ship
movements or special operations upon the waters of any of those bays,
is guilty of a misdemeanor.  In addition to the fines or other
penalties provided by law, the court may order that person to pay to
the pilot who is entitled to pilot the vessel the amount of pilotage
fees collected.  No fees shall be paid for pilotage if a
state-licensed pilot refuses to join the vessel under paragraph (5)
of subdivision (c).
   (b) Any person may also be enjoined from engaging in the pilotage
prescribed by subdivision (a) by a court of competent jurisdiction.
   (c) This section does not apply to any of the following persons:
   (1) The master of a vessel who has relieved the pilot to ensure
the safe operation of the vessel, but only from the point where the
pilot is relieved to the closest safe berth or anchorage, or the high
seas if closer than a safe berth or anchorage.
   (2) Persons piloting vessels pursuant to the valid regulatory
authority of the Port of Sacramento or the Port of Stockton.
   (3) Persons piloting vessels sailing under an enrollment, as
specified in Section 1127.
   (4) Persons piloting vessels pursuant to Section 1179.
   (5) Persons piloting vessels when a state-licensed pilot refuses
to join the vessel.  However, a vessel may not hire a pilot not
licensed by the state until a representative of the vessel notifies
the port agent or his or her designee that the vessel will hire a
pilot not licensed by the state unless a state-licensed pilot offers
to join the vessel immediately.  The port agent or his or her
designee shall notify the executive director of the board or his or
her designee that this paragraph applies.
   (d) The exemption set forth in paragraph (5) of subdivision (c)
does not apply in instances where a state licensed pilot refuses to
join a vessel because of suspected safety violations concerning that
vessel's pilot hoists or pilot ladders.
  SEC. 2.  Section 1180.3 of the Harbors and Navigation Code is
amended to read:
   1180.3.  (a) The board shall establish an incident review
committee, which shall be composed of one public member of the board
and the executive director.  The board shall delegate to the incident
review committee the responsibility to review all reports of
misconduct or navigational incidents involving pilots or inland
pilots or other matters for which a license issued by the board may
be revoked or suspended.  This subdivision does not apply to an
incident involving a pilot or inland pilot aboard a vessel of less
than 300 gross tons unless a pilot or inland pilot is required by
law.
   (b) The incident review committee, with the assistance of one or
more investigators, shall investigate the incident, misconduct, or
other matter and prepare a written report.  The incident review
committee may call witnesses and request additional information if
the incident review committee considers it necessary to conduct a
complete investigation.  In performing their duties, the members of
the incident review committee and its investigators shall act fairly
and impartially and shall treat all matters developed or maintained
as required by law.  The members of the incident review committee and
the investigators shall not discuss any investigation with the board
or any member of the board until the matter has been finally
disposed of by the incident review committee or final action has been
taken by the board, as appropriate.   The board shall specify, by
regulation, the information to be contained in the report, which
shall include, but need not be limited to, the following information
relating to the incident, misconduct, or other matter:
   (1) The name of the vessel, date, location, and identification of
the pilot or inland pilot.
   (2) A description of the weather and sea conditions.
   (3) An illustration and description of the incident, misconduct,
or other matter under investigation.
   (4) An estimate of the damages, if any.
   (5) The names of the witnesses providing information relating to
the incident, misconduct, or other matter under investigation.
   (6) The nature and extent of any injuries.
   (7) A summary of any prior investigations of incidents,
misconduct, or other matters involving the same pilot or inland pilot
designated pursuant to paragraph (1).
   (8) Any relevant correspondence or records from the United States
Coast Guard relating to the incident, misconduct, or other matter
under investigation.
   (9) A historical record of the actions taken in the investigation
and the action taken pursuant to Section 1180.6.
   (10) A summary of the factual background of the incident,
misconduct, or other matter investigated.
   (11) The following information that is not a part of the public
record:
   (A) The report from the pilot or inland pilot.
   (B) The confidential report of the investigator.
   (c) Unless an accusation for suspension or revocation of the pilot'
s or inland pilot's license is served on the pilot or inland pilot as
provided in Chapter 5 (commencing with Section 11500) of Part 1 of
Division 3 of Title 2 of the Government Code, the incident review
committee shall present the completed investigation report to the
board at the first monthly meeting of the board after the completion
of the report.  Unless an extension is granted by the board, the
report shall be presented within 90 days of the date of the incident,
misconduct, or other matter investigated.
   (d) The record of the investigation prepared pursuant to
subdivision (b) and the final disposition of the incident,
misconduct, or other matter shall be retained in the records of the
board for 10 years after the completion of the investigation and,
except for the items listed in paragraph (11) of subdivision (b),
shall be a public record.
  SEC. 3.  Section 1181 of the Harbors and Navigation Code is amended
to read:
   1181.  The license of a pilot or inland pilot may be revoked or
suspended before its expiration only for reasons of misconduct, which
shall include, but not be limited to, the following:
   (a) Neglect, for 30 days after it becomes due, to render an
account to the board of all money received for pilotage.
   (b) Neglect, for 30 days after it becomes due, to pay over to the
board the percentage of all pilotage money received, as set by the
board.
   (c) Rendering to the board a false account of pilotage received.
   (d) Absence from duty for more than one month at any one time
without leave granted by the board, unless sickness or personal
injury causes the absence.  This subdivision does not apply to inland
pilots.
   (e) Refusing to exhibit the pilot or inland pilot license when
requested to do so by the master of any vessel boarded.
   (f) Intoxication or being under the influence of any substance or
combination of substances which so affects the nervous system, brain,
or muscles as to impair, to an appreciable degree, the ability to
conduct the duties of a pilot or inland pilot while on duty.
   (g) Negligently, ignorantly, or willfully running any vessel on
shore, or otherwise rendering it liable to damage, or otherwise
causing injury to persons or damage to property.  However, this
subdivision does not apply to a vessel of less than 300 gross tons
unless a pilot or inland pilot is required by law.
   (h) Willful violation of the rules and regulations adopted by the
board for the government of pilots or inland pilots.
   (i) Inability to comply with the standards of health or physical
condition requisite to the duties of a pilot or inland pilot, but in
that case the burden of proving compliance with these standards is
upon the licensee, unless prior to the hearing the licensee takes and
passes those tests or examinations required by the board.
  SEC. 4.  No reimbursement is required by this act pursuant to
Section 6 of Article XIIIB of the California Constitution because the
only costs that may be incurred by a local agency or school district
will be incurred because this act creates a new crime or infraction,
eliminates a crime or infraction, or changes the penalty for a crime
or infraction, within the meaning of Section 17556 of the Government
Code, or changes the definition of a crime within the meaning of
Section 6 of Article XIIIB of the California Constitution.
